MORE CONTROVERSY WITH THE SELECTION OF THE

UNCLAS SECTION 01 OF 02 BANGKOK 006958 SIPDIS INFO ASSOCIATION OF SOUTHEAST ASIAN NATIONS HQ USPACOM HONOLULU HI SENSITIVE E.O. 12958: N/A TAGS: PGOV TH NCCC SUBJECT: MORE CONTROVERSY WITH THE SELECTION OF THE NATIONAL COUNTER CORRUPTION COMMISSION REF: A. BANGKOK 3521 ¶B. BANGKOK 3635 ¶C. BANGKOK 5917 ¶D. BANGKOK 6269 ¶1. (SBU) SUMMARY. Thailand,s anti-corruption process suffered a serious blow with the November 1 announcement of the selection of nine potentially biased nominees to serve in the government,s National Counter Corruption Commission (NCCC). Critics allege that most of the nominees have close ties with Prime Minister Thaksin Shinawatra and the ruling Thai Rak Thai (TRT) political party and will render legal judgements accordingly. The fear expressed here is that the continued delay in filling positions in the Thai government,s anti-corruption agencies will allow the seemingly endless parade of corruption allegations against individuals connected to the TRT to continue unchecked. END SUMMARY. -------------- -------------- THE NCCC HAS BEEN SHUT DOWN FOR THE PAST 6 MONTHS -------------- -------------- ¶2. (SBU) The NCCC is the constitutionally mandated government agency charged to investigate corrupt practices by individuals in government. In May 2005, the NCCC shut down completely after all 9 of its members resigned in disgrace under charges of financial malfeasance (reftels A and B). In the interim, accusations of corruption within the government continue to accumulate. The increasing number of cases are being buried in the avalanche of newer ones. The latest tally is reportedly over 1,000 individual cases, and includes candidates that are finalists for consideration for membership in the NCCC. ¶3. (SBU) After several months of considering candidates, on October 25th the NCCC Selection Committee *- a mixed group of lawmakers, judges, academics, and politicians -* presented the Senate a list of eighteen names for the Senate,s consideration. The Senate is charged with selecting the final nine commissioners from that list, which is the final step in the appointment process, save the royal endorsement from the King. Like the Senate that selects them, the candidates are supposed to be non-political and possess strong credentials in the field of public service. -------------- -- PERHAPS UNCONSTITUTIONAL, BUT THEY VOTED ANYWAY -------------- -- ¶4. (SBU) The selection process was thrown into near chaos on November 1st, when one of the candidates for the NCCC unexpected announced he no longer wanted to be considered for the posting. Former Army Commander-in-Chief General Prawit Wongsuwan, considered by many to be a sure thing for one of the nine positions due to his ties with the ruling party, decided to withdraw his name from the process, citing that with his age and health he did not believe he could fulfill his nine year term. Although most political pundits agree that General Prawit,s age and health are not the real reason for his withdrawal, they are split as to what his real motivations were. All agree that his move has thrown a spanner into the process. ¶5. (SBU) The Thai Constitution requires that the Senate select nine commissioners out of a group of eighteen finalists. General Prawit,s 11th hour withdrawal reduced the list to seventeen. Instead of meeting the Constitutional requirement and finding an 18th finalist, the Senate -* amid serious in-fighting -* ultimately chose to select the nine members from the group of seventeen. The vote was called by Senate Speaker Suchon, a TRT-leaning politician who had previously come under fire for his role in forcing the issue in the ongoing Auditor General affair (reftel C). Many Senators walked out of the Senate to protest Suchon,s decision, and encouraged by concurring views from the opposition parties, are already preparing to file this case with the Constitutional Court. -------------- -------------- COMBATANTS AGAINST CORRUPTION, OR PART OF THE PROBLEM? -------------- -------------- ¶6. (SBU) After spending most of their time debating whether or not they should vote at all, the Senate selected the nine commissioners after two rounds of voting. Seven of the nine candidates selected have very close and obvious ties to the Prime Minister or the TRT. They include: --A Deputy Secretary General to the PM, who is also the relative of the PM,s wife; --A Chairman of the Defense Ministry,s Advisory Board; --A Deputy Chief of the National Intelligence Office; --A former police academy classmate of the PM; --A Provincial Administrator that defended the PM and TRT after the Tak Bai incident; --A former professor of the PM and advisor to the PM,s office; --A Supreme Court judge that has previously backed the TRT, and who is also the brother of a TRT MP and the party,s legal advisor Although the Senate selected the new NCCC commissioners in just two rounds, their quick vote has come under fire and raises question as to whether they are truly non-partisan (Comment: Thailand,s Senators are, by definition, supposed to be non-political) or if they have TRT leanings. One Senator, Jon Ungphakorn, accused the TRT outright of organizing a bloc vote among TRT-friendly Senators to ensure that nine people would be selected. The Senate has already been accused of this practice in recent months with the selection of the National Broadcast Committee (Reftel D). -------------- THE NEXT ROUND: JUDGES AND A ROYAL EVALUATION -------------- ¶7. (SBU) Two obstacles remain before the nine members of the NCCC can assume their posts. First, Thailand,s Constitutional Court may be requested to decide whether or not the selection of nine commissioners from a group of seventeen is legal. Although this step hasn,t started yet, it is all but certain to occur given the sharp criticism from Senators and the opposition parties. If the Constitutional Court declares the selection was illegal, it only delays the inevitable, as the nomination committee need only nominate an eighteenth person before they can proceed. The second step is royal endorsement from the King, which is always the final step for any national-level nomination process in Thailand. It is difficult to guess how the King will react, but it more likely will be negative if the nominees are forwarded without a thorough constitutional review. ¶8. (SBU) Comment. Any controversy or setback that further delays the implementation of an unbiased NCCC favors the TRT. Although allegations against TRT officials will continue to be raised during this impasse, the lack of legal action could steadily diminish public confidence in the ability of the system to punish government wrongdoing. End Comment. BOYCE